On April 24, 2014, the Copyright Royalty Board announced its final rule and order setting the statutory royalty rates and terms permitting certain digital performances of sound recordings under 17 U.S.C. § 114(f) and the making of ephemeral recordings under 17 U.S.C. § 112 . The rates apply for the period from January 1, 2011 through December 31, 2015. (79 Fed. Reg. 23102-01 (April 25, 2014).)

Under the final rule, the agreement between the National Association of Broadcasters and SoundExchange sets rates payable for digital performances of sound recordings for commercial webcasters subject to that agreement and was previously published as modified by the Copyright Royalty Judges in the Federal Register (75 Fed. Reg. 16377 (April 1, 2010)). For all other commercial webcasters, the rates are:

For noncommercial educational webcasters, the rates are set out in the settlement agreement between College Broadcasters, Inc. and SoundExchange as modified by the Copyright Royalty Judges and previously published in the Federal Register (75 Fed. Reg. 16377 (April 1, 2010)). For all other noncommercial webcasters, the rate is $500 per station or channel up to a maximum use of 159,140 aggregate tuning hours per month with commercial use rates applying to excess use.

Royalties payable for ephemeral recording licenses will be bundled with digital performance royalties and deemed to be 5% of the bundled remittances.

This final determination was made after the US Court of Appeals for the District of Columbia Circuit vacated and remanded the Copyright Royalty Board's March 2011 final determination on the basis that the Copyright Royalty Judges were not validly appointed at the time they issued the earlier determination (Intercollegiate Broadcasting System, Inc. v. Copyright Royalty Board, 684 F.3d 1332 (D.C. Cir. 2012)).